Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jurnal Legalitas

JL
Website

Published by Universitas Negeri Gorontalo

ISSN : 19795955 EISSN : 27466094 DOI : 10.33756

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Legalitas adalah peer review journal yang dikhususkan untuk mempublikasikan hasil penelitian mahasiswa Fakultas Hukum baik penelitian mandiri maupun penelitian yang berkolaborasi dengan dosen, terbit setiap bulan April dan Oktober. Jurnal Legalitas menerima artikel dalam lingkup hukum, ilmu hukum dan kajian isu kebijakan lainnya yang berfokus pada pengembangan dan pembangunan Ilmu Hukum di Indonesia.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 7 Documents

Search results for , issue "Vol 15, No 2 (2022)" : 7 Documents clear

The Evaluation Of Warehouse Receipt System Object Regulation: A Perspective Study Of Commodity Goods Concept In Indonesia Hidayah, Khoirul; Nasyi'ah, Iffaty; Fidhayanti, Dwi
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

There are normative issues related to the concept of commodity goods with the object of warehouse receipts and social issues regarding the benefits of warehouse receipts for grain or rice farmers. Therefore, it is necessary to evaluate the regulation of the object of the warehouse receipt system so that it has a unique contribution to small farmers. The research applied in this research is juridical-empirical with a qualitative approach. The fact shows that rice farmers do not want to use the Warehouse Receipt System (WRS) because of the high cost and tend to choose the People's Business Credit program. Based on the study of the concept of commodities and benefits, it is necessary to change regulations related to the concept of WRS objects so that it is better to equate it with the concept of commodities. Grain or rice is a staple food that is excluded from the WRS object following the commodity concept because it has access to subsidies and special incentives from the government for national food security. Smallholders do not need to store rice in warehouses as in the WRS procedure to gain access to credit. This study shows that the government is reviewing the regulation of WRS objects in Indonesia so that it is beneficial for small farmers in particular.

Death Criminal Concepts Based On Positive Law In Indonesia Wahid, Abdul; Malarangan, Kartini
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

The existence of two opinions, especially capital punishment, has given rise to controversy over regulating the death penalty as a legal instrument for dealing with corruption. Some agree with the imposition of capital punishment, and some question the justification for this sentence, which does not give the perpetrators of criminal acts the opportunity to improve to become good human beings. The death penalty for corruption cases has never been imposed, so the death penalty cannot be used as an ultimum remedium against perpetrators of corruption. Regarding the severity of the main sentence to be charged, a maximum limit for each crime has been determined. In contrast, a specific minimum limit is not specified, but a general minimum limit, for example, imprisonment and a minimum of one day's confinement. This type of research is carried out using a normative approach, namely by analyzing problems through legal principles and referring to legal norms contained in statutory regulations. The results of the study show the need for amendments to the Law on the Eradication of Corruption Crimes by formulating the death penalty for all acts of corruption without particular criteria, such as disaster situations, due to their significant impact on society, the nation, and the State, so that it becomes the ultimum remedium. The need for judges to impose severe criminal sanctions to create a deterrent effect for corruptors and other people who have the opportunity to commit corruption to become reluctant or afraid to commit acts that violate the Law because the criminal sanctions are severe.

Legal Liability Of Shipping Service Companies For Packaged Goods Owned By Consumers Hanapi, Yayan; Nurmala, Leni Dwi
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

The development of the business world has progressed rapidly. This is seen in the use of delivery services. PT. The Nugraha Ekakurir (JNE) line is one of the services in the field of air traffic consignment services. The number of people sending goods from one place to another makes the role of this service very important. However, this is not accompanied by the provision of guarantees of legal protection by the perpetrators of entrusted services to their consumers. The implementation of JNE services needs to follow the agreement. So that it can cause harm to the consumers. The problem formulation is the legal protection for consumers and its resolution in case of negligence and delays in the delivery of goods. The method used is using normative legal research by conducting an assessment of the relevant legal rules. The results of the study showed that the services provided by the provider based on the agency cooperation agreement became the legal basis for the delivery of goods and still need to be improved and be more effective in providing guarantees for the rights of consumers. Quality service plays an essential role in creating satisfaction for consumers so that it can provide benefits for service providers.

Legal Review Of The Implementation Of Termination Of Employment Relationship With The Reason Of The Pandemic Covid-19 Ansow, Gevano; Yulianto, Yulianto; Nugraheni, Ninis
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

The research entitled Legal Study of the Implementation of Termination of Employment for the Reason of the Covid-19 Pandemic aims first to analyze how the norms and provisions of laws and regulations are applied related to the implementation of termination of employment in Indonesia and find out how legal protection is for workers who experience termination of employment. During the current Covid-19 pandemic. The research method used in this study uses a normative juridical research method with a statutory and conceptual approach. Based on the results of the research, it can be concluded First: the legal basis for employers in carrying out mass termination of employment relations with workers/laborers during the current Covid-19 pandemic for the first time referred to the provisions of Article 164 paragraph (1) of the Manpower Law which became the basis for the existence of emergency due to an unwanted cause then proceed with the implementation of Article 151 of the Manpower Law which regulates the process of terminating workers. Second, namely, the legal protection provided by the State for workers due to termination of employment due to the current Covid-19 pandemic first must provide workers' rights as in Article 156 of the Labor Law and, in the current period, must pay attention to the provisions in the Minister of Manpower Circular Letter Number M/3/HK.04/III/2020 concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Mitigation Covid-19 and Article 6 of the Quarantine Law and Health.

Protection of Video Copyrights on the Youtube Platform in Fair Use Principles Hanson, Nathania Abigail; Permata, Rika Ratna; Ramli, Tasya Safiranita
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

In copyright, there are two exclusive rights, namely economic and moral rights, and these two rights are not owned by the creator or copyright holder because there is a principle called the Fair Use Principle. Video copyright is one of the objects of copyright protection in digital media whose existence is in great demand by various circles of society because it is easy to access gadgets and internet networks. One of the platforms that are often used to upload, watch, and share videos is Youtube. The specification of this research is Legal Research using a normative juridical approach and data collection techniques utilizing a literature study, then analyzed in a qualitative normative manner. The results of this study are on the Youtube Platform. Several channels re-upload video copyrighted works that do not belong to them without permission, even if those channels do not include the source, and monetization is carried out so that it is for commercial purposes. It is not following Fair Use principles and the Youtube platform as an organizer. The electronic system, of course, also has responsibility for violations that occur on its Platform, which in this case is the occurrence of copyright infringement

Reconstruction Of The Arrangements For The Appointment Of Advocates Kamaluddin, Moh; Sarbini, Sarbini; Lusiana, Wyda
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

The quality of advocates is currently in decline. This is due to the absence of similarity of standardization between advocate organizations. In addition, there are also many prospective advocates who have an internship certificate even though they have never done a 2-year internship but are still appointed as advocates. The formulation of the problem in this article is to analyze; (1) Weaknesses of the Advocate Appointment Arrangements in article 2 and article 3 of Law Number 18 of 2003 concerning Advocates and (2) The ideal construction of Advocate Appointment Arrangements in article 2 and article 3 of Law Number 18 of 2003 concerning Advocates. This research uses a conceptual approach with data collection techniques using interviews or filling out questionnaires and for secondary data derived from literature or legal documents then analyzed in a descriptive analysis . The result of the discussion The process of appointing advocates regulated in article 2 and article 3 of the advocate law has weaknesses; There is no obligation of the advocate organization to check the validity in the advocate appointment file, There are commercialization factors in the process of appointing advocates, There is no special institution that guarantees the standardization of the quality of advocates, therefore to overcome these problems it is necessary to regulate the Authority of the Advocate Organization to re-verifying the documents of the Appointment of Advocates, The unity of the system of the cost of appointment of advocates, The establishment of standardization institutions with advocates.

Implementation of Criminal Law Provisions Against Serial Murders in Indonesia Pepa, Cindy Oktaviany
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v15i2.15592

This study analyzes the implementation of criminal law provisions and sentencing for serial killers in Indonesia, addressing critical gaps in the existing legal framework. Applying a normative legal research approachâ€”employing statute, conceptual, and case analysesâ€”the study identifies two key issues. First, Indonesian courts predominantly rely on Article 340 of the Criminal Code, which pertains to premeditated murder, owing to the absence of specific provisions for serial murders. This reliance induces inconsistencies in sentencing, as serial murders, owing to their unique characteristics, do not neatly align with existing legal definitions. Second, the study highlights the lack of explicit guidelines in the Criminal Code regarding the classification of serial murder and the minimum punishment for such crimes. Judges typically apply Article 340 in conjunction with other relevant articles. However, because of the absence of a standardized framework for determining the severity of serial murders, sentences vary, often leading to unjust outcomes. This study underscores the urgent need for legislative reforms in Indonesia to address these gaps, proposing the development of specific legal provisions for serial murders. By defining serial murder more accurately and setting unambiguous sentencing parameters, the law could ensure more consistent and just rulings. This study contributes to the ongoing discourse on criminal law reform in Indonesia, emphasizing the importance of adapting legal frameworks to better address emerging and complex criminal behaviors such as serial murder. The findings necessitate immediate attention to legal clarity and consistency in adjudicating severe crimes.

Page 1 of 1 | Total Record : 7

Filter by Year

2022 2022

Filter By Issues

All Issue Vol 18, No 2 (2025) Vol 18, No 1 (2025) Vol 17, No 2 (2024) Vol 17, No 1 (2024) Vol 16, No 2 (2023) Vol 16, No 1 (2023) Vol 15, No 2 (2022) Vol 15, No 1 (2022) Vol 14, No 01 (2021) Vol. 14, No. 2 (2021) Vol 13, No. 02 (2020) Vol 13, No 01 (2020) Vol 12, No 2 (2019) Vol 12, No 1 (2019) VOL 05, NO 01, 2012 Vol 3, No 2, 2010 Vol 2, No 3, 2009 Vol 2, No 1, 2009 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Jufryanto Puluhulawa

Contact Email
jufryantopuluhulawa@ung.ac.id

Phone
+6281343878760

Journal Mail Official
jurnallegalitas@ung.ac.id

Editorial Address
Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Jufryanto Puluhulawa

Contact Email jufryantopuluhulawa@ung.ac.id

Phone +6281343878760

Journal Mail Official jurnallegalitas@ung.ac.id

Editorial Address Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Jufryanto Puluhulawa

Contact Email
jufryantopuluhulawa@ung.ac.id

Phone
+6281343878760

Journal Mail Official
jurnallegalitas@ung.ac.id

Editorial Address
Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

INDONESIA